49 CFR Part 228 — Passenger Train Employee Hours of Service; Recordkeeping and Reporting; Sleeping Quarters

PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. Source: 37 FR 12234, June 21, 1972, unless otherwise noted. Subpart A—General § 228.1 Scope. This part— (a) Prescribes reporting and recordkeeping requirements with respect to the hours of service of certain railroad employees and certain employees of railroad contractors and subcontractors; (b) Establishes standards and procedures concerning the construction or reconstruction of sleeping quarters; (c) Establishes minimum safety and health standards for camp cars provided by a railroad as sleeping quarters for its employees and individuals employed to maintain its rights of way; and (d) Prescribes substantive hours of service requirements for train employees engaged in commuter or intercity rail passenger transportation. [43 FR 31012, July 19, 1978, as amended at 74 FR 25345, May 27, 2009; 76 FR 50396, Aug. 12, 2011; 76 FR 67087, Oct. 31, 2011] § 228.3 Application and responsibility for compliance. (a) Except as provided in paragraph (b) of this section, subparts B and D of this part apply to all railroads, all contractors for railroads, and all subcontractors for railroads. Except as provided in paragraph (b) of this section, subparts C and E of this part apply only to all railroads. (b) Subparts B through E of this part do not apply to: (1) A railroad, a contractor for a railroad, or a subcontractor for a railroad that operates only on track inside an installation that is not part of the general railroad system of transportation ( i.e., (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 228.5, except as provided in § 228.413(d)(2); or (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (c) The application of subpart F of this part is set forth in § 228.401. [76 FR 67087, Oct. 31, 2011] § 228.5 Definitions. As used in this part— Actual time Administrator Administrative duties total time on duty duty tour Associate Administrator At the behest of the employee At the behest of the railroad Automated recordkeeping system (1) An eligible smaller railroad, or a contractor or subcontractor to such a railroad, may use instead of a manual recordkeeping system or electronic recordkeeping system to create and maintain any records subpart B of this part requires; and (2) Conforms to the requirements of § 228.206. Broken (aggregate) service duty tour Call and release report-for-duty time, report-for-duty time. Camp car Carrier common carrier common carrier engaged in interstate or foreign commerce by railroad railroad. Commingled service (1) For a train employee or a signal employee, any non-covered service at the behest of the railroad and performed for the railroad that is not separated from covered service (2) For a dispatching service employee, any non-covered service mandated by the railroad and performed for the railroad within any 24-hour period containing covered service. Commuting (1) For a train employee, the time spent in travel— (i) Between the employee's residence and the employee's regular reporting point (ii) In railroad-provided or authorized transportation to and from the lodging facility at the away-from-home terminal (excluding travel for purposes of an interim release), where such time (including travel delays and room availability) does not exceed 30 minutes. (2) For a signal employee, the time spent in travel between the employee's residence and the employee's headquarters. (3) For a dispatching service employee, the time spent in travel between the employee's residence and any reporting point. Consecutive service total time on duty duty tour. Covered service (1) For a train employee, the portion of the employee's time on duty during which the employee is engaged in, or connected with, the movement of a train. (2) For a dispatching service employee, the portion of the employee's time on duty during which the employee, by the use of an electrical or mechanical device, dispatches, reports, transmits, receives, or delivers an order related to or affecting the movement of a train. (3) For a signal employee, the portion of the employee's time on duty during which the employee is engaged in installing, repairing, or maintaining a signal system. Covered service assignment (1) For a train employee, each unique assignment of the employee during a period of covered service (2) For a signal employee, the assigned duty hours of the employee, including overtime, or unique trouble call assignments occurring outside the employee's assigned duty hours. (3) For a dispatching service employee, each unique assignment for the employee that occurs within any 24-hour period in which the employee, by the use of an electrical or mechanical device, dispatches, reports, transmits, receives, or delivers orders related to or affecting train movements. Deadheading Designated terminal Dispatching service employee Duty location headquarters Duty tour (1) The total of all periods of covered service commingled service statutory off-duty periods (2) The total of all periods of covered service commingled service Electronic recordkeeping system (1) A railroad may use instead of a manual recordkeeping system or automated recordkeeping system to create and maintain any records required by subpart B of this part; and (2) Conforms to the requirements of §§ 228.201-228.205. Electronic signature (1) Is attached to, or logically associated with, a contract or other record; (2) Is executed or adopted by a person with the intent to sign the record, to create either an individual's unique digital signature, or unique digitized handwritten signature; and (3) Complies with the requirements of § 228.19(g) or § 228.206(a). Eligible smaller railroad (1) A railroad that reported to FRA that it had less than 400,000 employee hours during the preceding three consecutive calendar years under § 225.21(d) of this chapter on Form FRA 6180.55, Annual Railroad Reports of Employee Hours by State; or (2) A railroad operating less than 3 consecutive calendar years that reported to FRA that it had less than 400,000 employee hours during the current calendar year under § 225.21(d) of this chapter on Form FRA 6180.55, Annual Railroad Reports of Employee Hours by State. Employee (1) Is actually engaged in or connected with the movement of any train, including a person who performs the duties of a hostler; (2) Dispatches, reports, transmits, receives, or delivers an order pertaining to a train movement by the use of telegraph, telephone, radio, or any other electrical or mechanical device; or (3) Is engaged in installing, repairing, or maintaining a signal system. Final release statutory off-duty period. FRA Headquarters Interim release statutory off-duty period designated terminal, duty tour. Limbo time MOW worker On-duty time covered service assignment. Other-than-regular reporting point duty tour, regular reporting point. Plant railroad Prior time off amount of time at the behest of the railroad. Program edits Quick tie-up statutory off-duty period, duty tour. (1) Board placement time; (2) Relieved location, date, and time; (3) Final release location, date, and time; (4) Contact information for the employee during the statutory off-duty period; (5) Request for rest in addition to the statutory minimum, if provided by collective bargaining agreement or local practice; (6) The employee may be provided an option to enter basic payroll information, related only to the duty tour being tied up; and (7) Employee certification of the tie-up information provided. Railroad railroad transportation. Railroad transportation Regular reporting point Release (1) For a train employee, (i) The time within the duty tour interim release; (ii) The time that an employee completes a covered service assignment covered service assignment (iii) The time that an employee completes a covered service assignment covered service, commingled service). (2) For a signal employee, the time within a duty tour (i) Completes his or her regular assigned hours and begins an off-duty period of at least one hour but less than a statutory off-duty period; (ii) Completes his or her return travel from a trouble call or other unscheduled duty and begins an off-duty period of at least one hour, but less than a statutory off-duty period. (3) For a dispatching service employee, when he or she stops performing covered service commingled service off-duty period Relieved time (1) The actual time that a train employee stops performing a covered service assignment commingled service. (2) The actual time that a signal employee: (i) Completes his or her assigned duty hours, or stops performing covered service commingled service, (ii) Stops performing covered service Reports for duty (i) Presents himself or herself at the location established by the railroad at the time the railroad established for the employee to be present; and (ii) Is ready to perform covered service. Report-for-duty time (1) For a train employee, the actual time that the employee is required to be present at a reporting point covered service assignment. (2) For a signal employee, the assigned starting time of an employee's scheduled shift, or the time that he or she receives a trouble call or a call for any other unscheduled duty during an off-duty period. (3) For a dispatching service employee, when the employee begins the turn-over process at or before the beginning of his or her assigned shift, or begins any other activity at the behest of the railroad during any 24-hour period in which covered service is performed. Reporting point or restart a Seniority move at the behest of the employee, Signal employee Station, office or tower Statutory off-duty period total time on duty. Total off-duty period Total time on duty (TTOD) covered service commingled service statutory off-duty periods covered service, covered service, limbo time, commingled service, total time on duty. Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation i.e., Train employee Travel time (1) For a signal employee, the time spent in transportation between the employee's headquarters (2) For a dispatching service employee, the time spent in travel between stations, offices, or towers Type 1 assignment Type 2 assignment. Type 2 assignment (i) It does not violate the defined fatigue threshold under a scientifically valid biomathematical model of human performance and fatigue specified by FRA at 228.407(c)(2) or approved by FRA under the procedures at § 228.407(c)(1); (ii) It complies with the provisions of § 228.405; and (iii) It does not require the employee to be on duty for any period of time between midnight and 4 a.m. (2) If a Type 2 assignment that would normally qualify to be treated as a Type 1 assignment is delayed so that the schedule actually worked includes any period of time between midnight and 4 a.m., the assignment is considered a Type 2 assignment for the purposes of compliance with § 228.405. [74 FR 25346, May 27, 2009, as amended at 76 FR 50396, Aug. 12, 2011; 76 FR 67087, Oct. 31, 2011; 83 FR 43997, Aug. 29, 2018] § 228.6 Penalties. (a) Civil penalties. (1) a grossly negligent violation, or a pattern of repeated violations, has created an imminent hazard of death or injury to persons, or (2) a death or injury has occurred. See 49 CFR part 209, appendix A. Each day a violation continues shall constitute a separate offense. See FRA's website at https://railroads.dot.gov/ e.g., (b) Criminal penalties. [76 FR 67087, Oct. 31, 2011, as amended at 77 FR 26704, May 7, 2012; 81 FR 43110, July 1, 2016; 82 FR 16134, Apr. 3, 2017; 83 FR 60748, Nov. 27, 2018; 84 FR 23735, May 23, 2019; 84 FR 37074, July 31, 2019; 86 FR 1758, Jan. 11, 2021; 86 FR 23254, May 3, 2021; 87 FR 15868, Mar. 21, 2022; 88 FR 1127, Jan. 6, 2023; 88 FR 89563, Dec. 28, 2023; 89 FR 106296, Dec. 30, 2024; 90 FR 28163, July 1, 2025] Subpart B—Records and Reporting § 228.7 Hours of duty. (a) For purposes of this part, time on duty of an employee actually engaged in or connected with the movement of any train, including a hostler, begins when he reports for duty and ends when he is finally released from duty, and includes— (1) Time engaged in or connected with the movement of any train; (2) Any interim period available for rest at a location that is not a designated terminal; (3) Any interim period of less than 4 hours available for rest at a designated terminal; (4) Time spent in deadhead transportation en route to a duty assignment; and (5) Time engaged in any other service for the carrier. Time spent in deadhead transportation by an employee returning from duty to his point of final release may not be counted in computing time off duty or time on duty. (b) For purposes of this part, time on duty of an employee who dispatches, reports, transmits, receives, or delivers orders pertaining to train movements by use of telegraph, telephone, radio, or any other electrical or mechanical device includes all time on duty in other service performed for the common carrier during the 24-hour period involved. (c) For purposes of this part, time on duty of an employee who is engaged in installing, repairing or maintaining signal systems includes all time on duty in other service performed for a common carrier during the 24-hour period involved. [37 FR 12234, June 21, 1972, as amended at 43 FR 3124, Jan. 23, 1978] § 228.9 Manual, electronic, and automated records; general. (a) Manual records. (1) Signed by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, signed by the ranking crewmember; (2) Retained for two years at locations identified by the carrier; and (3) Available upon request at the identified location for inspection and copying by the Administrator during regular business hours. (b) Electronic records. (1) Certified by the employee whose time on duty is being recorded or, in the case of a train and engine crew or a signal employee gang, certified by the reporting employee who is a member of the train crew or signal gang whose time is being recorded; (2) Electronically stamped with the certifying employee's name and the date and time of certification; (3) Retained for 2 years in a secured file that prevents alteration after certification; (4) Accessible by the Administrator through a computer terminal of the railroad, using a railroad-provided identification code and a unique password. (5) Reproducible using the printing capability at the location where records are accessed. (c) Automated records. (1) Signed electronically by the employee whose time on duty is being recorded or, in the case of a member of a train crew or a signal employee gang, digitally signed by the reporting employee who is a member of the train crew or signal gang whose time is being recorded as provided by § 228.206(a); (2) Stamped electronically with the certifying employee's electronic signature and the date and time the employee electronically signed the record; (3) Retained for 2 years in a secured file that prevents alteration after electronic signature; (4) Accessible by the Administrator through a computer terminal of the railroad; and (5) Reproducible using printers at the location where records are accessed. [74 FR 25348, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018] § 228.11 Hours of duty records. (a) In general. (b) For train employees. (1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname). (2) Each covered service position in a duty tour. (3) Amount of time off duty before beginning a new covered service assignment or resuming a duty tour. (4) Train ID for each assignment required to be reported by this part, except for the following employees, who may instead report the unique job or train ID identifying their assignment: (i) Utility employees assigned to perform covered service, who are identified as such by a unique job or train ID; (ii) Employees assigned to yard jobs, except that employees assigned to perform yard jobs on all or parts of consecutive shifts must at least report the yard assignment for each shift; (iii) Assignments, either regular or extra, that are specifically established to shuttle trains into and out of a terminal during a single duty tour that are identified by a unique job or train symbol as such an assignment. (5) Location, date, and beginning time of the first assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifying period of interim release as provided by 49 U.S.C. 21103(b), the location, date, and beginning time of the assignment immediately following the interim release. (6) Location, date, and time relieved for the last assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifying period of interim release as provided by 49 U.S.C. 21103(b), the location, date, and time relieved for the assignment immediately preceding the interim release. (7) Location, date, and time released from the last assignment in a duty tour, and, if the duty tour exceeds 12 hours and includes a qualifying period of interim release as provided by 49 U.S.C. 21103(b), the location, date, and time released from the assignment immediately preceding the interim release. (8) Beginning and ending location, date, and time for periods spent in transportation, other than personal commuting, if any, to the first assignment in a duty tour, from an assignment to the location of a period of interim release, from a period of interim release to the next assignment, or from the last assignment in a duty tour to the point of final release, including the mode of transportation (train, track car, railroad-provided motor vehicle, personal automobile, etc.). (9) Beginning and ending location, date, and time of any other service performed at the behest of the railroad. (10) Identification (code) of service type for any other service performed at the behest of the railroad. (11) Total time on duty for the duty tour. (12) Reason for any service that exceeds 12 hours total time on duty for the duty tour. (13) The total amount of time by which the sum of total time on duty and time spent awaiting or in deadhead transportation to the point of final release exceeds 12 hours. (14) The cumulative total for the calendar month of— (i) Time spent in covered service; (ii) Time spent awaiting or in deadhead transportation from a duty assignment to the place of final release; and (iii) Time spent in any other service at the behest of the railroad. (15) The cumulative total for the calendar month of time spent awaiting or in deadhead transportation from a duty assignment to the place of final release following a period of 12 consecutive hours on duty. (16) Number of consecutive days in which a period of time on duty was initiated. (c) Exceptions to requirements for train employees. (1) For train employees providing commuter rail passenger transportation or intercity rail passenger transportation, the date on which the series of at most 14 consecutive calendar days began for the duty tour. (2) For train employees providing commuter rail passenger transportation or intercity rail passenger transportation, any date prior to the duty tour and during the series of at most 14 consecutive calendar days on which the employee did not initiate an on-duty period, if any. (d) For dispatching service employees. (1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname). (2) Each covered service position in a duty tour. (3) Amount of time off duty before going on duty or returning to duty in a duty tour. (4) Location, date, and beginning time of each assignment in a duty tour. (5) Location, date, and time released from each assignment in a duty tour. (6) Beginning and ending location, date, and time of any other service performed at the behest of the railroad. (7) Total time on duty for the duty tour. (e) For signal employees. (1) Identification of the employee (initials and last name; or if last name is not the employee's surname, provide the employee's initials and surname). (2) Each covered service position in a duty tour. (3) Headquarters location for the employee. (4) Amount of time off duty before going on duty or resuming a duty tour. (5) Location, date, and beginning time of each covered service assignment in a duty tour. (6) Location, date, and time relieved for each covered service assignment in a duty tour. (7) Location, date, and time released from each covered service assignment in a duty tour. (8) Beginning and ending location, date, and time for periods spent in transportation, other than personal commuting, to or from a duty assignment, and mode of transportation (train, track car, railroad-provided motor vehicle, personal automobile, etc.). (9) Beginning and ending location, date, and time of any other service performed at the behest of the railroad. (10) Total time on duty for the duty tour. (11) Reason for any service that exceeds 12 hours total time on duty for the duty tour. [74 FR 25348, May 27, 2009, as amended at 76 FR 50397, Aug. 12, 2011; 83 FR 43998, Aug. 29, 2018] § 228.13 [Reserved] § 228.17 Dispatcher's record of train movements. (a) Each carrier shall keep, for each dispatching district, a record of train movements made under the direction and control of a dispatcher who uses telephone, radio, or any other electrical or mechanical device to dispatch, report, transmit, receive, or deliver orders pertaining to train movements. The following information shall be included in the record: (1) Identification of timetable in effect. (2) Location and date. (3) Identification of dispatchers and their times on duty. (4) Identification of enginemen and conductors and their times on duty. (5) Identification of trains and engines. (6) Station names and office designations. (7) Distances between stations. (8) Direction of movement and the time each train passes all reporting stations. (9) Arrival and departure times of trains at all reporting stations. (10) Unusual events affecting movement of trains and identification of trains affected. (b) [Reserved] [37 FR 12234, June 21, 1972, as amended at 90 FR 28162, July 1, 2025] § 228.19 Monthly reports of excess service. (a) In general. (b) For train employees. (1) A train employee is on duty for more than 12 consecutive hours. (2) A train employee continues on duty without at least 10 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 10 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported. 1 (3) A train employee returns to duty without at least 10 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 10 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported. 1 1 (4) A train employee returns to duty without additional time off duty, equal to the total amount of time by which the employee's sum of total time on duty and time spent awaiting or in deadhead transportation to the point of final release exceeds 12 hours. (5) A train employee exceeds a cumulative total of 276 hours in the following activities in a calendar month: (i) Time spent in covered service; (ii) Time spent awaiting or in deadhead transportation from a duty assignment to the place of final release; and (iii) Time spent in any other service at the behest of the railroad. (6) A train employee initiates an on-duty period on more than 6 consecutive days, when the on-duty period on the sixth consecutive day ended at the employee's home terminal, and the seventh consecutive day is not allowed pursuant to a collective bargaining agreement or pilot project. (7) A train employee returns to duty after initiating an on-duty period on 6 consecutive days, without 48 consecutive hours off duty at the employee's home terminal. (8) A train employee initiates an on-duty period on more than 7 consecutive days. (9) A train employee returns to duty after initiating an on-duty period on 7 consecutive days, without 72 consecutive hours off duty at the employee's home terminal. (10) A train employee exceeds the following limitations on time spent awaiting or in deadhead transportation from a duty assignment to the place of final release following a period of 12 consecutive hours on duty: (i) 40 hours in any calendar month completed prior to October 1, 2009; (ii) 20 hours in the transition period from October 1, 2009-October 15, 2009; (iii) 15 hours in the transition period from October 16, 2009-October 31, 2009; and (iv) 30 hours in any calendar month completed after October 31, 2009. (c) Exception to requirements for train employees. (1) A train employee is on duty for more than 12 consecutive hours. (2) A train employee returns to duty after 12 consecutive hours of service without at least 10 consecutive hours off duty. (3) A train employee continues on duty without at least 8 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 8 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported. 2 (4) A train employee returns to duty without at least 8 consecutive hours off duty during the preceding 24 hours. Instances involving duty tours that are broken by less than 8 consecutive hours off duty which duty tours constitute more than a total of 12 hours time on duty must be reported. 2 2 (5) A train employee, after first initiating an on-duty period each day for 6 or more consecutive calendar days including one or more Type 2 assignments, the last on-duty period of which ended at the employee's home terminal, initiates an on-duty period without having had 24 consecutive hours off duty at the employee's home terminal. (6) A train employee, after first initiating an on-duty period each day for 6 or more consecutive days including one or more Type 2 assignments, initiates two or more on-duty periods without having had 24 consecutive hours off duty at the employee's home terminal. (7) A train employee, after initiating on-duty periods on 13 or more calendar days during a series of at most 14 consecutive calendar days as defined in § 228.405(a)(3)(i), the last of which ended at the employee's home terminal, then initiates an on-duty period without having had at least two consecutive calendar days off duty at the employee's home terminal. (8) A train employee, after initiating an on-duty periods on 13 or more calendar days during a series of at most 14 consecutive calendar days as defined in § 228.405(a)(3)(i), then initiates two or more on-duty periods without having had at least two consecutive calendar days off duty at the employee's home terminal. (d) For dispatching service employees. (1) A dispatching service employee is on duty for more than 9 hours in any 24-hour period at an office where two or more shifts are employed. (2) A dispatching service employee is on duty for more than 12 hours in any 24-hour period at any office where one shift is employed. (e) For signal employees. (1) A signal employee is on duty for more than 12 consecutive hours. (2) A signal employee continues on duty without at least 10 consecutive hours off duty during the preceding 24 hours. (3) A signal employee returns to duty without at least 10 consecutive hours off duty during the preceding 24 hours. (f) Except as provided in paragraph (h) of this section, reports required by paragraphs (b) through (e) of this section shall be filed in writing on FRA Form F-6180-3 3 3 (g) Use of electronic signature. (1) The record contains the printed name of the signer and the date and actual time that the signature was executed, and the meaning (such as authorship, review, or approval), associated with the signature; (2) Each electronic signature shall be unique to one individual and shall not be used by, or assigned to, anyone else; (3) Before a railroad, or a contractor or subcontractor to a railroad, establishes, assigns, certifies, or otherwise sanctions an individual's electronic signature, or any element of such electronic signature, the organization shall verify the identity of the individual; (4) Persons using electronic signatures shall, prior to or at the time of such use, certify to the agency that the electronic signatures in their system, used on or after the effective date of this regulation, are the legally binding equivalent of traditional handwritten signatures; (5) The certification shall be submitted, in paper form and signed with a traditional handwritten signature, to the Associate Administrator for Railroad Safety/Chief Safety Officer; and (6) Persons using electronic signatures shall, upon agency request, provide additional certification or testimony that a specific electronic signature is the legally binding equivalent of the signer's handwritten signature. (h) Exception. (1) The railroad, or a contractor or subcontractor to a railroad, maintains hours of service records using an electronic recordkeeping system that complies with the requirements of subpart D of this part; and (2) The electronic recordkeeping system referred to in paragraph (h)(1) of this section requires— (i) The employee to enter an explanation for any excess service certified by the employee; and (ii) The railroad, or a contractor or subcontractor of a railroad, to analyze each instance of excess service certified by one of its employees, make a determination as to whether each instance of excess service would be reportable under the provisions of paragraphs (b) through (e) of this section, and allows the railroad, or a contractor or subcontractor to a railroad, to append its analysis to its employee's electronic record; and (iii) Allows FRA inspectors and State inspectors participating under 49 CFR part 212 access to employee reports of excess service and any explanations provided. [74 FR 25349, May 27, 2009, as amended at 76 FR 50397, Aug. 12, 2011] § 228.21 [Reserved] § 228.23 [Reserved] Subpart C—Construction of Railroad-Provided Sleeping Quarters Source: 43 FR 31012, July 19, 1978, unless otherwise noted. § 228.101 Distance requirement for employee sleeping quarters; definitions used in this subpart. (a) The Hours of Service Act, as amended (45 U.S.C. 61-64b), makes it unlawful for any common carrier engaged in interstate or foreign commerce by railroad to begin, on or after July 8, 1976, the construction or reconstruction of sleeping quarters for employees who perform duties covered by the act “within or in the immediate vicinity (as determined in accordance with rules prescribed by the Secretary of Transportation) of any area where railroad switching or humping operations are performed.” 45 U.S.C. 62(a)(4). This subpart sets forth (1) a general definition of “immediate vicinity” (§ 228.101(b)), (2) procedures under which a carrier may request a determination by the Federal Railroad Administration that a particular proposed site is not within the “immediate vicinity” of railroad switching or humping operations (§§ 228.103 and 228.105), and (3) the basic criteria utilized in evaluating proposed sites (§ 228.107). (b) Except as determined in accordance with the provisions of this subpart, the ’immediate vicinity‘ shall mean the area within one-half mile (2,640 feet) (804 meters) of switching or humping operations as measured from the nearest rail of the nearest trackage where switching or humping operations are performed to the point on the site where the carrier proposes to construct or reconstruct the exterior wall of the structure, or portion of such wall, which is closest to such operations. (c) As used in this subpart— (1) Construction (i) Creation of a new facility; (ii) Expansion of an existing facility; (iii) Placement of a mobile or modular facility; or (iv) Acquisition and use of an existing building. (2) Reconstruction (i) Replacement of an existing facility with a new facility on the same site; or (ii) Rehabilitation or improvement of an existing facility (normal periodic maintenance excepted) involving the expenditure of an amount representing more than 50 percent of the cost of replacing such facility on the same site at the time the work of rehabilitation or improvement began, the replacement cost to be estimated on the basis of contemporary construction methods and materials. (3) Switching or humping operations (4) Placarded car (5) The term L eq [43 FR 31012, July 19, 1978, as amended at 76 FR 67088, Oct. 31, 2011] § 228.102 Distance requirement for camp cars provided as sleeping quarters exclusively to MOW workers. (a) The hours of service laws at 49 U.S.C. 21106(b) provide that a railroad that uses camp cars must comply with 49 U.S.C. 21106(a) no later than December 31, 2009. Accordingly, on or after December 31, 2009, a railroad shall not begin construction or reconstruction of a camp car provided by the railroad as sleeping quarters exclusively for MOW workers within or in the immediate vicinity of any area where railroad switching or humping of placarded cars is performed. (b) This subpart includes definitions of most of the relevant terms (§ 228.101(b) and (c)), the procedures under which a railroad may request a determination by the Federal Railroad Administration that a particular proposed site for the camp car is not within the “immediate vicinity” of railroad switching or humping operations (§§ 228.103 and 228.105), and the basic criteria utilized in evaluating proposed sites. See [76 FR 67088, Oct. 31, 2011] § 228.103 Approval procedure: construction within one-half mile (2,640 feet) (804 meters). (a) A common carrier that has developed plans for the construction or reconstruction of sleeping quarters subject to this subpart and which is considering a site less than one-half mile (2,640 feet) (804 meters) from any area where switching or humping operations are performed, measured from the nearest rail of the nearest trackage utilized on a regular or intermittent basis for switching or humping operations to the point on the site where the carrier proposes to construct or reconstruct the exterior wall of the structure, or portion of such wall, which is closest to such operations, must obtain the approval of the Federal Railroad Administration before commencing construction or reconstruction on that site. Approval may be requested by filing a petition conforming to the requirements of this subpart. (b) A carrier is deemed to have conducted switching or humping operations on particular trackage within the meaning of this subpart if placarded cars are subjected to the operations described in § 228.101(c)(3) within the 365-day period immediately preceding the date construction or reconstruction is commenced or if such operations are to be permitted on such trackage after such date. If the carrier does not have reliable records concerning the traffic handled on the trackage within the specified period, it shall be presumed that switching of placarded cars is conducted at the location and construction or reconstruction of sleeping quarters within one-half mile shall be subject to the approval procedures of this subpart. (c) A petition shall be filed in accordance with the requirements of § 211.7(b)(1) of this chapter and shall contain the following: (1) A brief description of the type of construction planned, including materials to be employed, means of egress from the quarters, and actual and projected exterior noise levels and projected interior noise levels; (2) The number of employees expected to utilize the quarters at full capacity; (3) A brief description of the site, including: (i) Distance from trackage where switching or humping operations are performed, specifying distances from particular functions such as classification, repair, assembling of trains from large groups of cars, etc. cetera; (ii) Topography within a general area consisting of the site and all of the rail facilities close to the site; (iii) Location of other physical improvements situated between the site and areas where railroad operations are conducted; (4) A blueprint or other drawing showing the relationship of the site to trackage and other planned and existing facilities; (5) The proposed or estimated date for commencement of construction; (6) A description of the average number and variety of rail operations in the areas within one-half mile (2,640 feet) (804 meters) of the site (e.g., number of cars classified in 24-hour period; number of train movements); (7) An estimate of the average daily number of placarded rail cars transporting hazardous materials through the railroad facility (where practicable, based on a 365-day period sample, that period not having ended more than 120 days prior to the date of filing the petition), specifying the— (i) Number of such cars transporting class A explosives and poison gases; and (ii) Number of DOT Specification 112A and 114A tank cars transporting flammable gas subject to FRA emergency order No. 5; (8) A statement certified by a corporate officer of the carrier possessing authority over the subject matter explaining any plans of that carrier for utilization of existing trackage, or for the construction of new trackage, which may impact on the location of switching or humping operations within one-half mile of the proposed site (if there are no plans, the carrier official must so certify); and (9) Any further information which is necessary for evaluation of the site. (d) A petition filed under this section must contain a statement that the petition has been served on the recognized representatives of the railroad employees who will be utilizing the proposed sleeping quarters, together with a list of the employee representatives served. [43 FR 31012, July 19, 1978, as amended at 74 FR 25173, May 27, 2009] § 228.105 Additional requirements; construction within one-third mile (1,760 feet) (536 meters) of certain switching. (a) In addition to providing the information specified by § 228.103, a carrier seeking approval of a site located within one-third mile (1,760 feet) (536 meters) of any area where railroad switching or humping operations are performed involving any cars required to be placarded “EXPLOSIVES A” or “POISON GAS” or any DOT Specification 112A or 114A tank cars transporting flammable gas subject to FRA emergency order No. 5 shall establish by a supplementary statement certified by a corporate officer possessing authority over the subject matter that— (1) No feasible alternate site located at or beyond one-third mile from switching or humping operations is either presently available to the railroad or is obtainable within 3 miles (15,840 feet) (4,827 meters) of the reporting point for the employees who are to be housed in the sleeping quarters; (2) Natural or other barriers exist or will be created prior to occupancy of the proposed facility between the proposed site and any areas in which switching or humping operations are performed which will be adequate to shield the facility from the direct and severe effects of a hazardous materials accident/incident arising in an area of switching or humping operations; (3) The topography of the property is such as most likely to cause any hazardous materials unintentionally released during switching or humping to flow away from the proposed site; and (4) Precautions for ensuring employee safety from toxic gases or explosions such as employee training and evacuation plans, availability of appropriate respiratory protection, and measures for fire protection, have been considered. (b) In the absence of reliable records concerning traffic handled on trackage within the one-third mile area, it shall be presumed that the types of cars enumerated in paragraph (a) of this section are switched on that trackage; and the additional requirements of this section shall be met by the petitioning carrier, unless the carrier establishes that the switching of the enumerated cars will be effectively barred from the trackage if the petition is approved. § 228.107 Action on petition. (a) Each petition for approval filed under § 228.103 is referred to the Railroad Safety Board for action in accordance with the provisions of part 211, title 49, CFR, concerning the processing of requests for special approvals. (b) In considering a petition for approval filed under this subpart, the Railroad Safety Board evaluates the material factors bearing on— (1) The safety of employees utilizing the proposed facility in the event of a hazardous materials accident/incident and in light of other relevant safety factors; and (2) Interior noise levels in the facility. (c) The Railroad Safety Board will not approve an application submitted under this subpart if it appears from the available information that the proposed sleeping quarters will be so situated and constructed as to permit interior noise levels due to noise under the control of the railroad to exceed an L eq (d) Approval of a petition filed under this subpart may be withdrawn or modified at any time if it is ascertained, after opportunity for a hearing, that any representation of fact or intent made by a carrier in materials submitted in support of a petition was not accurate or truthful at the time such representation was made. Subpart D—Electronic Recordkeeping System and Automated Recordkeeping System Source: 74 FR 25350, May 27, 2009, unless otherwise noted. § 228.201 Electronic recordkeeping system and automated recordkeeping system; general. (a) Electronic recordkeeping system. (1) The system used to generate the electronic record meets all requirements of this paragraph (a) of this section and all requirements of §§ 228.203 and 228.205; (2) The electronically generated record contains the information required by § 228.11; (3) The railroad, or contractor or subcontractor to the railroad, monitors its electronic database of employee hours of duty records through a sufficient number of monitoring indicators to ensure a high degree of accuracy of these records; (4) The railroad, or contractor or subcontractor to the railroad, trains its affected employees on the proper use of the electronic recordkeeping system to enter the information necessary to create their hours of service record, as required by § 228.207; (5) The railroad, or contractor or subcontractor to the railroad, maintains an information technology security program adequate to ensure the integrity of the system, including the prevention of unauthorized access to the program logic or individual records; and (6) FRA's Associate Administrator for Railroad Safety/Chief Safety Officer may prohibit or revoke the authority to use an electronic system if FRA finds the system is not properly secure, is inaccessible to FRA, or fails to record and store the information adequately and accurately. FRA will record such a determination in writing, including the basis for such action, and will provide a copy of its determination to the affected railroad, or contractor or subcontractor to a railroad. (b) Automated recordkeeping system. (1) The automated recordkeeping system meets all requirements of paragraph (b) of this section and all requirements of § 228.206; and (2) The eligible smaller railroad or its contractor or subcontractor complies with all of the requirements of paragraphs (a)(2) and (a)(4) through (6) of this section for its automated records and automated recordkeeping system. (c) If a railroad, or a contractor or subcontractor to the railroad, is no longer eligible to use an automated recordkeeping system to record data subpart B of this part requires, the entity must begin keeping manual or electronic records and must retain its automated records as required under § 228.9(c) unless the entity requests, and FRA grants, a waiver under § 211.41 of this chapter. [74 FR 25350, May 27, 2009, as amended at 83 FR 43998, Aug. 29, 2018; 83 FR 46885, Sept. 17, 2018] § 228.203 Program components. (a) System security. (1) Data input is restricted to the employee or train crew or signal gang whose time is being recorded, with the following exceptions: (i) A railroad, or a contractor or subcontractor to a railroad, may allow its recordkeeping system to pre-populate fields of the hours of service record provided that— (A) The recordkeeping system pre-populates fields of the hours of service record with information known to the railroad, or contractor or subcontractor to the railroad, to be factually accurate for a specific employee. (B) The recordkeeping system may also provide the ability for employees to copy data from one field of a record into another field, where applicable. (C) Estimated, historical, or arbitrary data are not used to pre-populate any field of an hours of service record. (D) A railroad, or a contractor or a subcontractor to a railroad, is not in violation of this paragraph if it makes a good faith judgment as to the factual accuracy of the data for a specific employee but nevertheless errs in pre-populating a data field. (E) The employee may make any necessary changes to the data by typing into the field, without having to access another screen or obtain clearance from the railroad, or a contractor or subcontractor to a railroad. (ii) A railroad, or a contractor or a subcontractor to a railroad, shall allow employees to complete a verbal quick tie-up, or to transmit by facsimile or other electronic means the information necessary for a quick tie-up, if— (A) The employee is released from duty at a location at which there is no terminal available; (B) Computer systems are unavailable as a result of technical issues; or (C) Access to computer terminals is delayed and the employee has exceeded his or her maximum allowed time on duty. (2) No two individuals have the same electronic identity. (3) A record cannot be deleted or altered by any individual after the record is certified by the employee who created the record. (4) Any amendment to a record is either— (i) Electronically stored apart from the record that it amends, or (ii) Electronically attached to the record as information without changing the original record. (5) Each amendment to a record uniquely identifies the individual making the amendment. (6) The electronic system provides for the maintenance of inspection records as originally submitted without corruption or loss of data. (7) Supervisors and crew management officials can access, but cannot delete or alter the records of any employee after the report-for-duty time of the employee or after the record has been certified by the reporting employee. (b) Identification of the individual entering data. (c) Capabilities of program logic. (1) Calculate the total time on duty for each employee, using data entered by the employee and treating each identified period as defined in § 228.5; (2) Identify input errors through the use of program edits; (3) Require records, including outstanding records, the completion of which was delayed, to be completed in chronological order; (4) Require reconciliation when the known (system-generated) prior time off differs from the prior time off reported by an employee; (5) Require explanation if the total time on duty reflected in the certified record exceeds the statutory maximum for the employee; (6) Require the use of a quick tie-up process when the employee has exceeded or is within three minutes of his or her statutory maximum time on duty; (7) Require that the employee's certified final release be not more than three minutes in the future, and that the employee may not certify a final release time for a current duty tour that is in the past, compared to the clock time of the computer system at the time that the record is certified, allowing for changes in time zones; (8) Require automatic modification to prevent miscalculation of an employee's total time on duty for a duty tour that spans changes from and to daylight savings time; (9) For train employees, require completion of a full record at the end of a duty tour when the employee initiates a tie-up with less than the statutory maximum time on duty and a quick tie-up is not mandated; (10) For train employees, disallow use of a quick tie-up when the employee has time remaining to complete a full record, except as provided in paragraph (a)(1)(ii) of this section. (11) Disallow any manipulation of the tie-up process that precludes compliance with any of the requirements specified by paragraphs (c)(1) through (c)(10) of this section. (d) Search capabilities. (1) Employee, by name or identification number; (2) Train or job symbol; (3) Origin location, either yard or station; (4) Released location, either yard or station; (5) Operating territory (i.e., division or service unit, subdivision, or railroad-identified line segment); (6) Certified records containing one or more instances of excess service; and (7) Certified records containing duty tours in excess of 12 hours. (e) The program must display individually each train or job assignment within a duty tour that is required to be reported by this part. § 228.205 Access to electronic records. (a) FRA inspectors and State inspectors participating under 49 CFR Part 212 must have access to hours of service records created and maintained electronically that is obtained as required by § 228.9(b)(4). (b) Railroads must establish and comply with procedures for providing an FRA inspector or participating State inspector with an identification number and temporary password for access to the system upon request, which access will be valid for a period not to exceed seven days. Access to the system must be provided as soon as possible and no later than 24 hours after a request for access. (c) The inspection screen provided to FRA inspectors and participating State inspectors for searching employee hours of duty records must be formatted so that— (1) Each data field entered by an employee on the input screen is visible to the FRA inspector or participating State inspector; and (2) The data fields are searchable as described in § 228.203(d) and yield access to all records matching criteria specified in a search. (3) Records are displayed in a manner that is both crew-based and duty tour oriented, so that the data pertaining to all employees who worked together as part of a crew or signal gang will be displayed together, and the record will include all of the assignments and activities of a given duty tour that are required to be recorded by this part. § 228.206 Requirements for automated records and for automated recordkeeping systems on eligible smaller railroads, and their contractors or subcontractors that provide covered service employees to such railroads. (a) Use of electronic signature. (1) The record contains the printed name of the signer and the date and actual time the signature was executed, and the meaning (such as authorship, review, or approval) associated with the signature; (2) Each electronic signature is unique to one individual and shall not be used by, or assigned to, anyone else; (3) Before an eligible smaller railroad, or a contractor or subcontractor to such a railroad, establishes, assigns, certifies, or otherwise sanctions an individual's electronic signature, or any element of such electronic signature, the organization shall verify the identity of the individual; (4) A person using an electronic signature shall, prior to or at the time of each such use, certify to FRA that the person's electronic signature in the system, used on or after August 29, 2018 is the legally binding equivalent of the person's traditional handwritten signature; (5) Each employee shall sign the initial certification of his or her electronic signature with a traditional handwritten signature, and each railroad using an automated system shall maintain certification of each electronic signature at its headquarters or the headquarters of any contractor or subcontractor providing employees who perform covered service to such a railroad, and railroads, contractors, and subcontractors must make the certification available to FRA upon request; and (6) A person using an electronic signature in such a system shall, upon FRA request, provide additional certification or testimony that a specific electronic signature is the legally binding equivalent of his or her handwritten signature. (b) System security. (1) Data input is restricted to the employee or train crew or signal gang whose time is being recorded, except that an eligible smaller railroad, or a contractor or subcontractor to such a railroad, may pre-populate fields of the hours of service record provided that— (i) The eligible smaller railroad, or its contractor or subcontractor, pre-populates fields of the hours of service record with information the railroad, or its contractor or subcontractor knows is factually accurate for a specific employee. (ii) The recordkeeping system may allow employees to copy data from one field of a record into another field, where applicable. (iii) The eligible smaller railroad, or its contractor or subcontractor does not use estimated, historical, or arbitrary information to pre-populate any field of an hours of service record. (iv) An eligible smaller railroad, or a contractor or a subcontractor to such a railroad, is not in violation of paragraph (b)(1) of this section if it makes a good faith judgment as to the factual accuracy of the data for a specific employee but nevertheless errs in pre-populating a data field. (v) The employee may make any necessary changes to the data by typing into the field without having to access another screen or obtain clearance from railroad, or contractor or subcontractor to the railroad. (2) No two individuals have the same electronic signature. (3) No individual can delete or alter a record after the employee who created the record electronically signs the record. (4) Any amendment to a record is either: (i) Electronically stored apart from the record that it amends; or (ii) Electronically attached to the record as information without changing the original record. (5) Each amendment to a record uniquely identifies the individual making the amendment. (6) The automated system maintains the records as originally submitted without corruption or loss of data. Beginning August 29, 2018, an eligible smaller railroad must retain back-up data storage for its automated records for the quarters prescribed in the following table for the time specified in § 228.9(c)(3), to be updated within 30 days of the end of each prescribed quarter— Quarter 1 January 1 through March 31. Quarter 2 April 1 through June 30. Quarter 3 July 1 through September 30. Quarter 4 October 1 through December 31. (7) Supervisors and crew management officials can access, but cannot delete or alter, the records of any employee after the employee electronically signs the record. (c) Identification of the individual entering data. (d) Search capabilities. (1) Date (month and year); (2) Employee name or identification number; and (3) Electronically signed records containing one or more instances of excess service, including duty tours in excess of 12 hours. (e) Access to records. (1) Access to records created and maintained in the automated recordkeeping system must be obtained as required by § 228.9(c)(4); (2) An eligible smaller railroad must establish and comply with procedures for providing an FRA inspector or participating State inspector with access to the system upon request and must provide access to the system as soon as possible but not later than 24 hours after a request for access; (3) Each data field entered by an employee on the input screen must be visible to the FRA inspector or participating State inspector; and (4) The data fields must be searchable as described in paragraph (d) of this section and must yield access to all records matching the criteria specified in a search. [83 FR 43998, Aug. 29, 2018] § 228.207 Training. (a) In general. (b) Initial training. (i) Instructional components presented in a classroom setting or by electronic means; and (ii) Experiential (“hands-on”) components; and (iii) Training on— (A) The aspects of the hours of service laws relevant to the employee's position that are necessary to understanding the proper completion of the hours of service record required by this part, and (B) The entry of hours of service data, into the electronic system or automated system or on the appropriate paper records used by the railroad or contractor or subcontractor to a railroad for which the employee performs covered service; and (iv) Testing to ensure that the objectives of training are met. (2) Initial training shall be provided— (i) To each current employee and supervisor of an employee as soon after May 27, 2009 as practicable; and (ii) To new employees and supervisors prior to the time that they will be required to complete an hours of service record or supervise an employee required to complete an hours of service record. (c) Refresher training. (i) Emphasize any relevant changes to the hours of service laws, the recording and reporting requirements in subparts B and D of this part, or the electronic, automated, or manual recordkeeping system of the railroad or contractor or subcontractor to a railroad for which the employee performs covered service since the employee last received training; and (ii) Cover any areas in which supervisors or other railroad managers are finding recurrent errors in the employees' records through the monitoring indicators. (2) Refresher training shall be provided to each employee any time that recurrent errors in records prepared by the employee, discovered through the monitoring indicators, suggest, for example, the employee's lack of understanding of how to complete hours of service records. [74 FR 25350, May 27, 2009, as amended at 83 FR 43999, Aug. 29, 2018] Subpart E—Safety and Health Requirements for Camp Cars Provided by Railroads as Sleeping Quarters Source: 76 FR 67088, Oct. 31, 2011, unless otherwise noted. § 228.301 Purpose and scope. The purpose of this subpart is to prescribe standards for the design, operation, and maintenance of camp cars that a railroad uses as sleeping quarters for its employees or MOW workers or both so as to protect the safety and health of those employees and MOW workers and give them an opportunity for rest free from the interruptions caused by noise under the control of the railroad, and provide indoor toilet facilities, potable water, and other features to protect the health and safety of the employees and MOW workers. § 228.303 Application and responsibility for compliance. (a) This subpart applies to all railroads except the following: (1) Railroads that operate only on track inside an installation that is not part of the general railroad system of transportation ( i.e., (2) Tourist, scenic, historic, or excursion operations that are not part of the general railroad system of transportation as defined in § 228.5; or (3) Rapid transit operations in an urban area that are not connected to the general railroad system of transportation. (b) Although the duties imposed by this subpart are generally stated in terms of the duty of a railroad, each person, including a contractor or subcontractor for a railroad, who performs any task or provides camp cars covered by this subpart, shall do so in accordance with this subpart. § 228.305 Compliance date. On and after December 30, 2011, a railroad shall not provide a camp car for use as sleeping quarters by an employee or MOW worker unless the camp car complies with all requirements of this subpart. § 228.307 Definitions. As used in this subpart— dB(A) Decibel (dB) Foot-candle HVAC Lavatory L eq (8) Nonwater carriage toilet Occupant Ppm Potable water Potable water system Toilet Toilet room Toxic material Watering § 228.309 Structure, emergency egress, lighting, temperature, and noise-level standards. (a) General. (b) Floors. (c) Windows and other openings. (2) All exterior openings must be effectively screened with 16-mesh material. All screen doors must be equipped with self-closing devices. (d) Steps, entry ways, passageways, and corridors. (e) Emergency egress. (f) Lighting. (1) When occupants are present, the pathway to any exit not immediately accessible to occupants, such as through an interior corridor, shall be illuminated at all times to values of at least 1 foot-candle measured at the floor, provided that where the pathway passes through a sleeping compartment, the pathway up to the compartment will be illuminated, but illumination is not required inside the sleeping compartment. (2) Toilet and shower rooms shall have controlled lighting that will illuminate the room to values of at least 10 foot-candles measured at the floor. (3) Other areas shall have controlled lighting that will illuminate the room area to values of at least 30 foot-candles measured at the floor. (g) Temperature. (h) Noise control. eq § 228.311 Minimum space requirements, beds, storage, and sanitary facilities. (a) Each camp car used for sleeping purposes must contain at least 80 square feet of floor space for each occupant, with a maximum of four occupants per car. At least a 7-foot ceiling, measured at the entrance to the car, must be provided. (b) A bed, cot, or bunk for each occupant and suitable lockable storage facility, such as a lockable wall locker, or space for a lockable foot locker for each occupant's clothing and personal articles must be provided in every room used for sleeping purposes. Except where partitions are provided, such beds or similar facilities must be spaced not closer than 36 inches laterally (except in rail-mounted modular units, where the beds shall be spaced not closer than 30 inches, and highway trailer units, where the beds shall be spaced not closer than 26 inches) and 30 inches end to end, and must be elevated at least 12 inches from the floor. Multi-deck bunks, multi-deck bunk beds, and multi-deck similar facilities may not be used. (c) Unless otherwise provided by a collective bargaining agreement, clean linens must be provided to each occupant. (d) In a camp car where occupants cook, live, and sleep, a minimum of 120 square feet of floor space per occupants must be provided. Sanitary facilities must be provided for storing and preparing food. See also § 228.313 Electrical system requirements. (a) All heating, cooking, ventilation, air conditioning, and water heating equipment must be installed in accordance with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard. (b) All electrical systems installed, including external electrical supply connections, must be compliant with an industry-recognized standard. Upon request by FRA, the railroad must identify the industry-recognized standard that it utilizes and establish its compliance with that standard. (c) Each occupied camp car shall be equipped with or serviced by a safe and working HVAC system. § 228.315 Vermin control. Camp cars shall be constructed, equipped, and maintained to prevent the entrance or harborage of rodents, insects, or other vermin. A continuing and effective extermination program shall be instituted where the presence of vermin is detected. § 228.317 Toilets. (a) Number of toilets provided. (b) Construction of toilet rooms. (c) Supplies and sanitation. (2) Each toilet must be kept in a clean and sanitary condition and cleaned regularly when the camp car is being used. In the case of a non-water carriage toilet facility, it must be cleaned and changed regularly when the camp car is being used. (d) Sewage disposal facilities. (2) The sewage disposal method must not endanger the health of occupants. (3) For toilet facilities connected to a holding tank, the tank must be constructed in a manner that prevents vermin from entry and odors from escaping into the camp car. § 228.319 Lavatories. (a) Number. (b) Water. (c) Soap. (d) Means of drying. § 228.321 Showering facilities. (a) Number. (b) Floors. (2) Floor drains must be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning; (3) All junctions of the curbing and the floor must be sealed; and (4) There shall be no fixed grate or other instrument on the shower floor significantly hindering the cleaning of the shower floor or drain. (c) Walls and partitions. (d) Water. (e) Showering necessities. (2) Showers must be provided with hot and cold water feeding a common discharge line. (3) Unless otherwise provided by a collective bargaining agreement, each occupant who uses a shower must be provided with an individual clean towel. § 228.323 Potable water. (a) General requirements. (2) Open containers such as barrels, pails, or tanks for drinking water from which the water must be dipped or poured, whether or not they are fitted with a cover, are prohibited. (3) A common drinking cup and other common utensils are prohibited. (b) Potable water source. (2) If potable water is drawn from a local source, the source must meet the drinking water standards established by the U.S. Environmental Protection Agency under 40 CFR part 141, National Primary Drinking Water Regulations. (3) All equipment and construction used for supplying potable water to a camp car water system ( e.g., (4) Water hydrants. (5) Training. (i) The approved method of inspecting, cleaning, and sanitizing hydrants, hoses, and nozzles used for filling potable water systems; and (ii) The approved procedures to prevent contamination during watering. (6) Certification. (c) Storage and distribution system. Storage. (2) Dispensers. (3) Distribution lines. (4) Flushing. (i) The solution used for flushing and disinfection shall be a 100 parts per million by volume (ppm) chlorine solution. (ii) The chlorine solution shall be held for one hour in all parts of the system to ensure disinfection. (iii) The chlorine solution shall be purged from the system by a complete refilling and draining with fresh potable water. (iv) The draining and flushing shall be done more frequently if an occupant reports a taste or health problem associated with the water, or following any plumbing repair. (5) Reported problems. (i) Heterotrophic plate count. Drain and flush the system within two days, and then return it to service. (ii) Total coliform. Remove the system from service, drain and flush system, resample the system, and then return the system to service. (iii) Fecal coliform. Remove the system from service, drain and flush the system, resample the system, and do not return the system to service until a satisfactory result on the test of the samples is obtained from the laboratory. (6) Reports. (d) Signage. § 228.325 Food service in a camp car or separate kitchen or dining facility in a camp. (a) Sanitary storage. (b) Consumption of food or beverage on the premises. (c) Kitchens, dining halls, and feeding facilities. See (i) All surfaces used for food preparation shall be disinfected after each use. (ii) The disinfection process shall include removal of chemical disinfectants that would adulterate foods prepared subsequent to disinfection. (2) All perishable food shall be stored either under refrigeration or in a freezer. Refrigeration and freezer facilities shall be provided with a means to monitor temperature to ensure proper temperatures are maintained. The temperature of refrigerators shall be maintained at 40 °F or below; the temperature of freezers shall be maintained at 0 °F or below at all times. (3) All non-perishable food shall be stored to prevent vermin and insect infestation. (4) All food waste disposal containers shall be constructed to prevent vermin and insect infestation. (i) All food waste disposal containers used within a camp car shall be emptied after each meal, or at least every four hours, whichever period is less. (ii) All food waste disposal containers used outside a camp car shall be located to prevent offensive odors from entering the sleeping quarters. (iii) All kitchen area camp car sinks used for food washing and preparation and all kitchen area floor drains shall be connected to a public sewer where available and practicable, unless the car is equipped with a holding tank that is emptied in a sanitary manner. For kitchen area sinks and floor drains identified in this paragraph (c)(4)(iii) connected to a holding tank, the tank must be constructed in a manner that prevents vermin from entry into the tank or odors from escaping into any camp car. (iv) The sewage disposal method must not endanger the health of occupants. (5) When a separate kitchen or dining hall car is provided, there must be a closeable door between the living or sleeping quarters into a kitchen or dining hall car. (d) Food handling. § 228.323, (2) No person with any disease communicable through contact with food or a food preparation item may be employed or permitted to work in the preparation, cooking, serving, or other handling of food, foodstuffs, or a material used therein, in a kitchen or dining facility operated in or in connection with a camp car. (e) The limitations of paragraphs (c) and (d) of this section do not apply to food service from restaurants near the camp car consist that are subject to State law. § 228.327 Waste collection and disposal. (a) General disposal requirements. (b) General waste receptacles. (c) Food waste disposal containers provided for the interior of camp cars. § 228.329 Housekeeping. (a) A camp car must be kept clean to the extent allowed by the nature of the work performed by the occupants of the camp car. (b) To facilitate cleaning, every floor, working place, and passageway must be kept free from protruding nails, splinters, loose boards, and unnecessary holes and openings. § 228.331 First aid and life safety. (a) An adequate first aid kit must be maintained and made available for occupants of a camp car for the emergency treatment of an injured person. (b) The contents of the first aid kit shall be placed in a weatherproof container with individual sealed packages for each type of item, and shall be checked at least weekly when the camp car is occupied to ensure that the expended items are replaced. The first aid kit shall contain, at a minimum, the following: (1) Two small gauze pads (at least 4 × 4 inches); (2) Two large gauze pads (at least 8 × 10 inches); (3) Two adhesive bandages; (4) Two triangular bandages; (5) One package of gauge roller bandage that is at least 2 inches wide; (6) Wound cleaning agent, such as sealed moistened towelettes; (7) One pair of scissors; (8) One set of tweezers; (9) One roll of adhesive tape; (10) Two pairs of latex gloves; and (11) One resuscitation mask. (c) Each sleeping room shall be equipped with the following: (1) A functional portable Type ABC fire extinguisher; and (2) Either a functional smoke alarm and a carbon monoxide alarm, or a functional combined smoke-carbon-monoxide alarm. (d) Each camp car consist shall have an emergency preparedness plan prominently displayed so all occupants of the camp car consist can view it at their convenience. The plan shall address the following subjects for each location where the camp car consist is used to house railroad employees or MOW workers: (1) The means used to be aware of and notify all occupants of impending weather threats, including thunderstorms, tornados, hurricanes, floods, and other major weather-related risks; (2) Shelter-in-place and emergency and evacuation instructions for each of the specific threats identified; and (3) The address and telephone number of the nearest emergency medical facility and directions on how to get there from the camp car consist. § 228.333 Remedial action. A railroad shall, within 24 hours after receiving a good faith notice from a camp car occupant or an employee labor organization representing camp car occupants or notice from a Federal Railroad Administration inspector, including a certified State inspector under part 212 of this chapter, of noncompliance with this subpart, correct each non-complying condition on the camp car or cease use of the camp car as sleeping quarters for each occupant. In the event that such a condition affects the safety or health of an occupant, such as, but not limited to, water, cooling, heating, or eating facilities, sanitation issues related to food storage, food handling or sewage disposal, vermin or pest infestation, or electrical hazards, the railroad must immediately upon notice provide alternative arrangements for housing and providing food to the employee or MOW worker until the condition adverse to the safety or health of the occupant(s) is corrected. § 228.335 Electronic recordkeeping. (a) Each railroad shall keep records as required by § 228.323 either— (1) On paper forms provided by the railroad, or (2) By electronic means that conform with the requirements of subpart D of this part. (b) Records required to be kept shall be made available to the Federal Railroad Administration as provided by 49 U.S.C. 20107. Subpart F—Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation Source: 76 FR 50397, Aug. 12, 2011, unless otherwise noted. § 228.401 Applicability. (a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to railroads and their officers and agents, with respect to their train employees who are engaged in commuter or intercity rail passenger transportation, including train employees who are engaged in tourist, scenic, historic, or excursion rail passenger transportation. (b) This subpart does not apply to rapid transit operations in an urban area that are not connected with the general railroad system of transportation. § 228.403 Nonapplication, exemption, and definitions. (a) General. (1) A casualty; (2) An unavoidable accident; (3) An act of God; or (4) A delay resulting from a cause unknown and unforeseeable to a railroad or its officer or agent in charge of the employee when the employee left a terminal. (b) Exemption. (c) Definitions. Commuter or intercity rail passenger transportation Train employee who is engaged in commuter or intercity rail passenger transportation § 228.405 Limitations on duty hours of train employees engaged in commuter or intercity rail passenger transportation. (a) General. (1) Unless that employee has had at least 8 consecutive hours off duty during the prior 24 hours; or (2) After that employee has been on duty for 12 consecutive hours, until that employee has had at least 10 consecutive hours off duty; or (3) In a series of at most 14 consecutive calendar days, in excess of the following limitations: (i) That employee's first series of at most 14 consecutive calendar days begins on the first calendar day that the employee initiates an on-duty period on or after the compliance date for this paragraph (a)(3), as specified in § 228.413. A series of at most 14 consecutive calendar days either ends on the 14th consecutive day or may last for less than 14 days if an employee has accumulated a total of two calendar days on which the employee has not initiated an on-duty period before the beginning of the 14th day of the series. After the employee has accumulated a total of two calendar days on which the employee has not initiated an on-duty period, including at least 24 consecutive hours off duty as required by paragraph (a)(3)(ii) or two consecutive calendar days without initiating an on-duty period as required by paragraph (a)(3)(iii) of this section, during the employee's current series of at most 14 consecutive calendar days, a new series of at most 14 consecutive calendar days begins on the calendar day in which the employee next initiates an on-duty period. Only calendar days after the starting date of a series are counted toward the accumulation of a total of two calendar days on which the employee did not initiate an on-duty period. A calendar day on which an on-duty period was not initiated that occurred prior to the start of the new series, does not count toward refreshing the new series. (ii) If the employee initiates an on-duty period each day on any six or more consecutive calendar days during the series of at most 14 consecutive calendar days, and at least one of the on-duty periods is defined as a Type 2 assignment, that employee must have at least 24 consecutive hours off duty prior to next initiating an on-duty period, except as provided in paragraph (a)(3)(v) of this section. (iii) If the employee has initiated an on-duty period each day on 13 or more calendar days in the series of at most 14 consecutive calendar days, that employee must have at least two consecutive calendar days on which the employee does not initiate an on-duty period prior to next initiating an on-duty period, except as provided in paragraph (a)(3)(v) of this section. (iv) The minimum time off duty required by paragraph (a)(3)(ii) of this section and the at least two consecutive calendar days in which the employee does not initiate an on-duty period required by paragraph (a)(3)(iii) of this section must be at the employee's home terminal, and during such periods, the employee shall be unavailable for any service for any railroad. (v) Paragraphs (a)(3)(ii)-(iii) of this section notwithstanding, if the employee is not at the employee's home terminal when time off duty is required by paragraph (a)(3)(ii) of this section or calendar days in which the employee does not initiate an on-duty period are required by paragraph (a)(3)(iii) of this section, the employee may either deadhead to the point of final release at the employee's home terminal or initiate an on-duty period in order to return to the employee's home terminal either on the same calendar day or the next consecutive calendar day after the completion of the duty tour triggering the requirements of paragraph (a)(3)(ii) or paragraph (a)(3)(iii) of this section. (vi) If the employee is required to have at least 24 consecutive hours off duty under paragraph (a)(3)(ii) of this section and not to initiate an on-duty period for at least two consecutive calendar days under paragraph (a)(3)(iii) of this section, both requirements shall be observed. The required periods run concurrently, to the extent that they overlap. (b) Determining time on duty. (1) Time on duty begins when the employee reports for duty and ends when the employee is finally released from duty; (2) Time the employee is engaged in or connected with the movement of a train is time on duty; (3) Time spent performing any other service for the railroad during a 24-hour period in which the employee is engaged in or connected with the movement of a train is time on duty; (4) Time spent in deadhead transportation to a duty assignment is time on duty, but time spent in deadhead transportation from a duty assignment to the place of final release is neither time on duty nor time off duty; (5) An interim period available for rest at a place other than a designated terminal is time on duty; (6) An interim period available for less than four hours rest at a designated terminal is time on duty; and (7) An interim period available for at least four hours rest at a place with suitable facilities for food and lodging is not time on duty when the employee is prevented from getting to the employee's designated terminal by any of the following: (i) A casualty; (ii) A track obstruction; (iii) An act of God; or (iv) A derailment or major equipment failure resulting from a cause that was unknown and unforeseeable to the railroad or its officer or agent in charge of that employee when that employee left the designated terminal. (c) Emergencies. § 228.407 Analysis of work schedules; submissions; FRA review and approval of submissions; fatigue mitigation plans. (a) Analysis of work schedules. (1) Reported to the Associate Administrator as provided in paragraph (b) of this section, no later than April 12, 2012; (2) Either— (i) Mitigated by action in compliance with the railroad's fatigue mitigation plan that has been approved by the Associate Administrator as specified in paragraph (b) of this section, no later than April 12, 2012; or (ii) Supported by a determination that the schedule is operationally necessary, and that the fatigue risk cannot be sufficiently mitigated by the use of fatigue mitigation tools to reduce the risk for fatigue to a level that does not violate the fatigue threshold, no later than April 12, 2012; or (iii) Both, no later than April 12, 2012; and (3) Approved by FRA for use in accordance with paragraph (b) of this section. (b) Submissions of certain work schedules and any fatigue mitigation plans and determinations of operational necessity or declarations; FRA review and approval. (i) Work schedules that the railroad has found, using a validated model (as specified in paragraph (c)(1) of this section or approved by FRA in accordance with paragraph (c)(2) of this section) to present a risk for a level of fatigue that violates the applicable fatigue threshold, but that the railroad has determined can be mitigated by the use of fatigue mitigation tools so as to present a risk for a level of fatigue that does not violate the applicable fatigue threshold. The fatigue mitigation tools that will be used to mitigate the fatigue risk presented by the schedule must also be submitted. (ii) Work schedules that the railroad has found, using a validated model (as specified in paragraph (c)(1) of this section or approved by FRA in accordance with paragraph (c)(2) of this section), to present a risk for a level of fatigue that violates the applicable fatigue threshold, but that the railroad has determined cannot be mitigated so as to present a risk for a level of fatigue that does not violate the applicable fatigue threshold by the use of fatigue mitigation tools, and that the railroad has determined are operationally necessary. The basis for the determination must also be submitted. (2) If a railroad performs the analysis of its schedules required by paragraph (a) of this section, and determines that none of them violates the applicable fatigue threshold, and therefore none of them presents a risk for fatigue that requires it to be submitted to the Associate Administrator pursuant to this paragraph, that railroad shall, no later than April 12, 2012, submit to the Associate Administrator a written declaration, signed by an officer of the railroad, that the railroad has performed the required analysis and determined that it has no schedule that is required to be submitted. (3) FRA will review submitted work schedules, proposed fatigue mitigation tools, and determinations of operational necessity. If FRA identifies any exceptions to the submitted information, the agency will notify the railroad within 120 days of receipt of the railroad's submission. Railroads are required to correct any deficiencies identified by FRA within the time frame specified by FRA. (4) FRA will audit railroad work schedules and fatigue mitigation tools every two years to ensure compliance with this section. (c) Submission of models for FRA approval; validated models already accepted by FRA. (2) A railroad may use a model that is already accepted by FRA. FRA has approved the Fatigue Avoidance Scheduling Tool TM TM (3) If a new model is submitted to FRA for approval, pursuant to paragraph (c)(1) of this section, FRA will publish notice of the submission in the Federal Register, Federal Register. (d) Analysis of certain later changes in work schedules. (i) That would differ from the FRA-approved parameters for hours of duty of any work schedule previously analyzed pursuant to paragraph (a) of this section; or (ii) That would alter the work schedule to the extent that train employees who work the schedule may be at risk of experiencing a level of fatigue that violates the FRA-approved fatigue threshold established by paragraph (a) of this section. (2) Such additional follow-up analysis must be submitted for FRA approval as provided under paragraph (b) of this section, as soon as practicable, prior to the use of the new schedule for an employee subject to this subpart. FRA approval is not necessary before a new schedule may be used; however, a schedule that has been disapproved by FRA may not be used. (3) FRA will review submitted revised work schedules, and any accompanying fatigue mitigation tools, and determinations of operational necessity. If FRA identifies any exceptions to the submitted information, the agency will notify the railroad as soon as possible. Railroads are required to correct any deficiencies identified by FRA within the time frame specified by FRA. (e) Fatigue mitigation plans. (f) Consultation. (i) The railroad's review of work schedules found to be at risk for a level of fatigue at which safety may be compromised (as described by paragraph (a) of this section; (ii) The railroad's selection of appropriate fatigue mitigation tools; and (iii) All submissions by the railroad to the Associate Administrator for approval that are required by this section. (2) For purposes of this section, the term “directly affected employee” means an employee to whom one of the work schedules applies or would apply if approved. (3) If the railroad and its directly affected employees, including any nonprofit employee labor organization representing a class or craft of directly affected employees of the railroad, cannot reach consensus on any area described in paragraph (f)(1) of this section, then directly affected employees and any such organization may file a statement with the Associate Administrator explaining their views on any issue on which consensus was not reached. The Associate Administrator shall consider such views during review and approval of items required by this section. (g) Schedules not requiring analysis. (1) Schedules consisting solely of Type 1 assignments do not have to be analyzed. (2) Schedules containing Type 2 assignments do not have be analyzed if— (i) The Type 2 assignment is no longer in duration than, and fully contained within, the schedule of another Type 2 assignment that has already been determined to present an acceptable level of risk for fatigue that does not violate the fatigue threshold; and (ii) If the longer Type 2 schedule within which another Type 2 schedule is contained requires mitigations to be applied in order to achieve an acceptable level of risk for fatigue that does not violate the fatigue threshold, the same or more effective mitigations must be applied to the shorter Type 2 schedule that is fully contained within the already acceptable Type 2 schedule. § 228.409 Requirements for railroad-provided employee sleeping quarters during interim releases and other periods available for rest within a duty tour. (a) If a railroad subject to this subpart provides sleeping quarters for the use of a train employee subject to this subpart during interim periods of release as a method of mitigating fatigue identified by the analysis of work schedules required by § 228.407(a) and (d), such sleeping quarters must be “clean, safe, and sanitary,” and give the employee “an opportunity for rest free from the interruptions caused by noise under the control of the” railroad within the meaning of section 21106(a)(1) of title 49 of the United States Code. (b) Any sleeping quarters provided by a railroad that are proposed as a fatigue mitigation tool pursuant to § 228.407(b)(1)(i), are subject to the requirements of § 228.407(f), Consultation. § 228.411 Training. (a) Individuals to be trained. (b) Subjects to be covered. (1) Physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue; (2) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders; (3) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty; (4) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad; and (5) The effects of abrupt changes in rest cycles for employees. (c) Timing of initial training. (d) Timing of refresher training. (2) Additional refresher training shall also be provided when significant changes are made to the railroad's fatigue mitigation plan or to the available fatigue mitigation tools applied to an employee's assignment or assignments at the location where he or she works. (e) Records of training. (f) Conditional exclusion. § 228.413 Compliance date for regulations; exemption from compliance with statute. (a) General. (b) Exemption from compliance with statute. (c) Definitions. (1) The term “new section 21103” means section 21103 of title 49, United States Code, as amended by the Rail Safety Improvement Act of 2008 (RSIA) effective July 16, 2009. (2) The term “old section 21103” means section 21103 of title 49, United States Code, as it was in effect on the day before the enactment of the RSIA. (d) Exceptions. (2) Railroads engaged in tourist, scenic, historic, or excursion rail passenger transportation, subject to this subpart, must comply with the sections listed in paragraph (d)(1) of this section on and after October 15, 2011, but are not required to comply with the other provisions of this subpart and §§ 228.11(c)(1)-(2) and 228.19(c)(5)-(c)(8) until April 12, 2013. Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation First enacted in 1907, the Hours of Service Act was substantially revised in 1969 by Public Law 91-169. Further amendments were enacted as part of the Federal Railroad Safety Authorization Act of 1976, Public Law 94-348 and by the Rail Safety Improvement Act of 1988, Public Law 100-342. The purpose of the law is “to promote the safety of employees and travelers upon railroads by limiting the hours of service of employees * * *.” This appendix is designed to explain the effect of the law in commonly-encountered situations. The Act governs the maximum work hours of employees engaged in one or more of the basic categories of covered service treated below. If an individual performs more than one kind of covered service during a tour of duty, then the most restrictive of the applicable limitations control. The act applies to any railroad, as that term is defined in 45 U.S.C. 431(e). It governs the carrier's operations over its own railroad and all lines of road which it uses. train and engine service Covered Service. Limitations on Hours. Second, no employee engaged in train or engine service may be required or permitted to continue on duty or go on duty unless he has had at least eight consecutive hours off duty within the preceding twenty-four hours. This latter limitation, when read in conjunction with the requirements with respect to computation of duty time (discussed below) results in several conclusions: (1) When an employee's work tour is broken or interrupted by a valid period of interim release (4 hours or more at a designated terminal), he may return to duty for the balance of the total 12-hour work tour during a 24-hour period. (2) After completing the 12 hours of broken duty, or at the end of the 24-hour period, whichever occurs first, the employee may not be required or permitted to continue on duty or to go on duty until he has had at least 8 consecutive hours off duty. (3) The 24-hour period referred to in paragraphs 1 and 2 above shall begin upon the commencement of a work tour by the employee immediately after his having received a statutory off-duty period of 8 or 10 hours as appropriate. Duty time and effective periods of release. The term “designated terminal” means a terminal (1) which is designated in or under a collective bargaining agreement as the “home” or “away-from-home” terminal for a particular crew assignment and (2) which has suitable facilities for food and lodging. Carrier and union representatives may agree to establish additional designated terminals having such facilities as points of effective release under the Act. Agreements to designate additional terminals for purposes of release under the Act should be reduced to writing and should make reference to the particular assignments affected and to the Hours of Service Act. The following are common situations illustrating the designated terminal concept: (1) A freight or passenger road crew operates a train from home terminal “A” to away-from-home terminal “B” (or the reverse). Terminals “A” and “B” would normally be the designated terminals for this specific crew assignment. However, carrier and employee representatives may agree to designate additional terminals having suitable facilities for food and lodging as appropriate points of release under the Hours of Service Act. (2) A road crew operates a train in turn-around service from home terminal “A” to turn-around point “B” and back to “A”. Terminal “A” is the only designated terminal for this specific crew assignment, unless carrier and employee representatives have agreed to designate additional terminals having suitable facilities for food and lodging. (3) A crew is assigned to operate a maintenance-of-way work train from home terminal “A”, work on line of road and tie up for rest along the line of road at point “B”. Home terminal “A” and tie-up point “B” both qualify as designated terminals for this specific work train crew assignment. Of course, suitable facilities for food and lodging must be available at tie-up point “B”. Deadheading. All time spent awaiting the arrival of a deadhead vehicle for transportation from the final duty assignment of the work tour to the point of final release is considered limbo time, i.e., e.g., Transit time from the employee's residence to his regular reporting point is not considered deadhead time. If an employee utilizes personal automobile transportation to a point of duty assignment other than the regular reporting point in lieu of deadhead transportation provided by the carrier, such actual travel time is considered as deadheading time. However, if the actual travel time from his home to the point of duty assignment exceeds a reasonable travel time from the regular reporting point to the point of duty assignment, then only the latter period is counted. Of course, actual travel time must be reasonable and must not include diversions for personal reasons. Example: Employee A receives an assignment from an “extra board” located at his home terminal to protect a job one hour's drive from the home terminal. In lieu of transporting the employee by carrier conveyance, the railroad pays the employee a fixed amount to provide his own transportation to and from the outlying point. The employee is permitted to go directly from his home to the outlying point, a drive which takes 40 minutes. The normal driving time between his regular reporting point at his home terminal and the outlying point is 60 minutes. The actual driving time, 40 minutes is considered deadhead time and is counted as time on duty under the Act. Employee A performs local switching service at the outlying point. When the employee returns from the outlying point that evening, and receives an “arbitrary” payment for his making the return trip by private automobile, 40 minutes of his time in transportation home is considered deadheading to point of final release and is not counted as either time on duty or time off duty. Wreck and relief trains. Example: The crew of a wreck train is dispatched to clear the site of a derailment which has just occurred on a main line. The wreck crew re-rails or clears the last car and the maintenance of way department releases the track to the operating department 14 hours and 30 minutes into the duty tour. Since the line is not clear until the wreck train is itself out of the way, the crew may operate the wreck train to its terminal, provided this can be accomplished within the total of 16 hours on duty. Emergencies. communication of train orders Covered Service. The approach of the law is functional. Thus, though a yardmaster normally is not covered by this provision, a yardmaster or other employee who performs any of the specified service during a duty tour is subject to the limitations on service for that entire tour. Limitations on hours. The provision on emergencies, discussed below, may extend the permissible hours of employees performing this type of service. Shifts. Scheduled Hours Classification 7 a.m. to 3 p.m 1 shift. 7 a.m. to 12:30 p.m. 1:30 p.m. to 8 p.m. (Schedule for one employee including one hour lunch period) Do. 7 a.m. to 3 p.m. 7 a.m. to 3 p.m. (Two employees scheduled) Do. 7 a.m. to 3 p.m. 8 a.m. to 4 p.m. (Two employees scheduled) 2 shifts. Duty time and effective periods of release. A release period is considered off-duty time if it provides a meaningful period of relaxation and if the employee is free of all responsibilities to the carrier. One hour is the minimum acceptable release period for this type of covered service. Emergencies. General Provisions (applicable to all covered service) Commingled Service. For example, if an employee performs duty for 8 hours as a trainman and then is used as a trackman (not covered by the law) in the same 24-hour period, total on-duty time is determined by adding the duty time as trackman to that as trainman. The law does not distinguish treatment of situations in which non-covered service follows, rather than precedes, covered service. The limitations on total hours apply on both cases. It should be remembered that attendance at required rules classes is duty time subject to the provisions on “commingling”. Similarly, where a carrier compels attendance at a disciplinary proceeding, time spent in attendance is subject to the provisions on commingling. When an employee performs service covered by more than one restrictive provision, the most restrictive provision determines the total lawful on-duty time. Thus, when an employee performs duty in train or engine service and also as an operator, the provisions of the law applicable to operators apply to all on-duty and off-duty periods during such aggregate time. However, an employee subject to the 12 hour provision of section 2 of the law does not become subject to the 9 or 12-hour provisions of section 3 merely because he receives, transmits or delivers orders pertaining to or affecting the movement of his train in the course of his duties as a trainman. Casualties, Unavoidable Accidents, Acts of God. Sleeping Quarters. Sleeping quarters are not considered to be “free from interruptions caused by noise under the control of the railroad” if noise levels attributable to noise sources under the control of the railroad exceed an L eq Collective Bargaining. Penalty. Each employee who is required or permitted to be on duty for a longer period than prescribed by law or who does not receive a required period of rest represents a separate and distinct violation and subjects the railroad to a separate civil penalty. In the case of a violation of section 2(a)(3) or (a)(4) of the Act, each day a facility is in noncompliance constitutes a separate offense and subjects the railroad to a separate civil penalty. In compromising a civil penalty assessed under the Act, FRA takes into account the nature, circumstances, extent, and gravity of the violation committed, and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior or subsequent offenses, ability to pay, effect on ability to continue to do business and such other matters as justice may require. Statute of limitations. Exemptions. [42 FR 27596, May 31, 1977] Editorial Note: For Federal Register www.govinfo.gov. Appendixes B-C to Part 228 [Reserved] Appendix D to Part 228—Guidance on Fatigue Management Plans (a) Railroads subject to subpart F of this part, Substantive Hours of Service Requirements for Train Employees Engaged in Commuter or Intercity Rail Passenger Transportation, may wish to consider adopting a written fatigue management plan that is designed to reduce the fatigue experienced by their train employees subject to that subpart and to reduce the likelihood of accidents, incidents, injuries, and fatalities caused by the fatigue of these employees. If a railroad is required to have a fatigue mitigation plan under § 228.407 (containing the fatigue mitigation tools that the railroad has determined will mitigate the risk posed by a particular work schedule for a level of fatigue at or above the fatigue threshold), then the railroad's fatigue management plan could include the railroad's written fatigue mitigation plan, designated as such to distinguish it from the part of the plan that is optional, or could be a separate document. As provided in § 228.407(a)(2) and (e), compliance with the fatigue mitigation plan itself is mandatory. (b) A good fatigue management plan contains targeted fatigue countermeasures for the particular railroad. In other words, the plan takes into account varying circumstances of operations by the railroad on different parts of its system, and should prescribe appropriate fatigue countermeasures to address those varying circumstances. In addition, the plan addresses each of the following items, as applicable: (1) Employee education and training on the physiological and human factors that affect fatigue, as well as strategies to reduce or mitigate the effects of fatigue, based on the most current scientific and medical research and literature; (2) Opportunities for identification, diagnosis, and treatment of any medical condition that may affect alertness or fatigue, including sleep disorders; (3) Effects on employee fatigue of an employee's short-term or sustained response to emergency situations, such as derailments and natural disasters, or engagement in other intensive working conditions; (4) Scheduling practices for employees, including innovative scheduling practices, on-duty call practices, work and rest cycles, increased consecutive days off for employees, changes in shift patterns, appropriate scheduling practices for varying types of work, and other aspects of employee scheduling that would reduce employee fatigue and cumulative sleep loss; (5) Methods to minimize accidents and incidents that occur as a result of working at times when scientific and medical research has shown that increased fatigue disrupts employees' circadian rhythm; (6) Alertness strategies, such as policies on napping, to address acute drowsiness and fatigue while an employee is on duty; (7) Opportunities to obtain restful sleep at lodging facilities, including employee sleeping quarters provided by the railroad; (8) The increase of the number of consecutive hours of off-duty rest, during which an employee receives no communication from the employing railroad or its managers, supervisors, officers, or agents; and (9) Avoidance of abrupt changes in rest cycles for employees. (c) Finally, if a railroad chooses to adopt a fatigue management plan, FRA suggests that the railroad review the plan and update it periodically as the railroad sees fit if changes are warranted. [76 FR 50400, Aug. 12, 2011]

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